- 1 - NC: 2025:KHC:6140 WP No. 4105 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 4105 OF 2025 (LB-RES) BETWEEN: 1. SRI. N. SATHISH SHINDE AGED ABOUT 48 YEARS, PROPRIETOR, M/S. SRI. LAKSHMI METAL STORE, S/O. NAMADEVA SHINDE, VINAYAKA BLOCK, BENGALURU ROAD, CHALLAKERE TOWN, CHALLAKERE, PIN - 577 522, CHITRADURGA DISTRICT. …PETITIONER (BY SRI. RAMA BHAT K., ADVOCATE) AND: 1. THE TOWN MUNCIPAL COUNCIL CHALLAKERE MUNICIPALITY, CHALLAKERE, PIN - 577 522 CHITRADURGA DISTRICT REP. BY ITS COMMISSIONER. …RESPONDENT (BY SMT. G K BHAVANA., ADVOCATE FOR C/RESPONDENT) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 18/12/2024 BEARING NO. NA.CHA/KAM.SHA/AM.MA/C.R./NO.19/2024-25 ISSUED BY THE RESPONDENT TO THE PETITIONER’S SHOP PREMISES AS PER ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6140 WP No. 4105 of 2025 CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is challenging the notice issued to him by which he has been called upon to vacate and hand over the possession of the shop, which is in his possession. 2. Since the said structure was in a dilapidated condition, the notice indicates that he has been issued in exercise of powers under Section 230 of the Karnataka Municipalities Act, 1964 (for short, ‘the Act’). 3. Section 230 of the Act reads as follows - “230. Buildings or rooms in buildings unfit for human habitation.—(1) If, for any reason, it shall appear to the municipal council that any building or any room in a building intended for or used as a dwelling is unfit for human habitation, the municipal council shall give to the owner or occupier of such building notice in writing, stating such reason, and signifying its - 3 - NC: 2025:KHC:6140 WP No. 4105 of 2025 intention to prohibit the further use of the building or room, as the case may be, as a dwelling, and shall in such notice call upon the owner or occupier aforesaid to state in writing any objection thereto within thirty days after the receipt of such notice; and if no objection is raised by such owner or occupier within such period as aforesaid, or if any objection which is raised by such owner or occupier within such period appears to the standing committee invalid or insufficient, the municipal council may by an order in writing prohibit the further use of such building or room as a dwelling. (2) When any such prohibition as aforesaid has been made, the Municipal Commissioner or Chief Officer shall cause notice of such prohibition to be affixed to, and the letters “U.H.H.” to be painted on the door or some conspicuous part of such building or room, as the case may be; and no owner or occupier of such building or room shall use or suffer the same to be used for human habitation until the Municipal Commissioner or Chief Officer certifies in writing that the building or room, as the case may be, has been rendered fit for human habitation. - 4 - NC: 2025:KHC:6140 WP No. 4105 of 2025 (3) The municipal council may further at its discretion serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works of improvement specified therein and stating that in its opinion those works will render the building fit for human habitation. In addition to serving a notice under this section on the owner, the municipal council may serve a copy of the notice on any other person having an interest in the building whether as a lessee, mortgagee or otherwise. (4) In determining whether a building can be rendered fit for human habitation at a reasonable expense regard shall be had to the estimated cost of the work necessary to render it so fit and the value which it is estimated that the building will have when the works are completed. 4. As could be seen from the above, if it is the case of the Municipality that if the buildings are in dilapidated condition, they are required to issue a show-cause notice calling upon the occupants to submit the reply within 30 days. - 5 - NC: 2025:KHC:6140 WP No. 4105 of 2025 5. However, the impugned notice does not indicate that the procedure prescribed under Section 230 of the Act has been followed. In fact, the notice goes on to straightaway state that the petitioner is required to vacate and hand over the possession. 6. The Municipality has entered appearance and filed its objections and has stated so in para 9 of its counter which reads as follows – “9. Without prejudice to the contentions taken above, if this Court comes to conclusion that the petitioner ought to have been granted time to submit their reply under Section 230 of the Karnataka Municipalities Act, 1964, the respondents hereby consents to treat the notice dated 18.12.2024 as notice under Section 230 and permit the petitioner to submit their reply within the 30 days of the disposal of this petition and the respondent undertakes to pass orders thereafter in accordance with law after considering all the materials placed before the respondent Authority by the petitioner in furtherance to - 6 - NC: 2025:KHC:6140 WP No. 4105 of 2025 the structural stability report issued by PWD Department.” 7. It is, therefore, clear that the Municipality has now consented that the order that has been passed and which is impugned in this Writ Petition shall be treated as show-cause notice and the petitioner would be permitted to file the reply within a period of 30 days from the date of disposal of this Writ Petition and they have also undertaken that they would pass orders in accordance with law after considering all the materials placed before it. 8. In the light of the above, the impugned order shall be treated as show-cause notice by the petitioner and he shall file his objections within a period of 30 days. 9. On such objections being filed, the respondents shall consider the objections and also the materials that the petitioner may place regarding the stability of the structure in question and pass appropriate orders - 7 - NC: 2025:KHC:6140 WP No. 4105 of 2025 after hearing the petitioner. The Writ Petition is, accordingly, allowed. 10. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 3 Sl No.: 2 - 8 - NC: 2025:KHC:6140 WP No. 4105 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU [SRI. N. SATHISH SHINDE VS. THE TOWN MUNCIPAL COUNCIL] 18.02.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER ON ‘FOR BEING SPOKEN TO’ Learned counsel for the petitioner has moved a memo stating that, on the instructions of the Municipal Council, the electricity authorities had disconnected the power supply to the petitioner’s shop premises. In view of the order passed by this Court on 11.02.2025, it is obvious that the disconnection of electricity supply cannot be sustained. Consequently, the electricity provider shall restore the electricity connection to the petitioner’s premises immediately. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 1